G O V E R N M E N T O F M A H A R A S H T R A

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XXXVIII OF 1997.

THE MAHARASHTRA STATE BOARD OF
TECHNICAL EDUCATION ACT, 1997.

(As  modified  upto  the  3rd  October  2012)



PRINTED IN INDIA BY THE MANAGER, GOVERNMENT CENTRAL PRESS,

MUMBAI AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTI NG,

STATIONERY AND PUBLICATION, MAHARASHTRA STATE,

MUMBAI 400 004.

2012

[Price : Rs. 18.00]

1997 : Mah. XXXVIII ]

THE MAHARASHTRA STATE BOARD OF TECHNICAL
EDUCATION ACT, 1997.

(i)

PREAMBLE.
SECTIONS.

CONTENTS

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.
2. Definitions.

CHAPTER II

ESTABLISHMENT AND CONSTITUTION OF THE GOVERNING COUNCIL AND BOARD

3. Establishment of Board.
4.
Incorporation of Board.
5. Constitution of Board.
6. Appointment  and  term  of  office  and  conditions  of  service  of

Director.

7. Term of office of and allowances to members of Board.

7A. Establishment of Governing Council.

8. Disqualification of Chairman and members of Borad.
9. Casual vacancies.

10. Resignation of member.
11. Removal of member.
12. Meetings of Borad.
13. Vacancy of Chairman or member owing to disqualification.
14. Vacancy of member owing to absence without permission.
15. Decision on question as to vacancy.
16. Acts and proceedings not invalidated by vacancies or defects in

constitution.

17. Power to invite experts and officers at meeting.
18. Constitution of Committees.
19. Board  to  absorb  certain  staff  and  to  assume  obligations  of
Government in respect of matters to which this Act applies.
20. Appointment, powers and duties of Secretary, Joint and Deputy
Secretaries, Assistant Secretaries, Controller of Examination,
System Analysts, Finance Officers and Accounts Officers.

21. Other Officers and Servants of Board.

POWERS AND DUTIES OF THE GOVERNING COUNCIL AND BOARD

CHAPTER III

21A. Powers and duties of Governing Council.

22. Powers and duties of Board.
23. Powers and duties of Director of Board.
24. Powers of Government to issue directions.

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Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE

CHAPTER IV

25. Conditions of affiliation.
26. Procedure for permission.
27. Procedure for affiliation.
28. Continuation of affiliation.
29. Extension of affiliation.
30. Permanent affiliation and recognition.
31.
32. Withdrawal of affiliation or recognition.
33. Conferment of Autonomous Status.
34. Equivalence and Eligibility.
35. Closure of Institution.

Inspection of institutions and report.

CHAPTER V

FUND, FINANCE, ACCOUNTS AND AUDIT

36. Application of Board assets.
37. Boards Fund, its custody and investment.
38. General application of Fund.
39. How Fund shall be drawn against.
40. Allotments to Regional Offices.
41. Preparation of annual budget estimates.
42. Annual accounts and audit.
Inspection and Inquiry.
43.
Information, returns, etc. to be furnished by Board.
44.

CHAPTER VI

SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS

45. Manner of exercise of powers delegated to Committee.
46. Power of Board to make regulations.
47. First Regulations.
48. Power of Board to make by-laws.
49.
50. Duties of and assistance from Polytechnic and Diploma Leval

Interpretation in case of doubt.

Institutions.

51. Protection of action taken in good faith.
52. Members, officers and employees of Board to be public servants.
53. Savings.
54. Power to remove difficulties.

Schedule.

1997 : Mah. XXXVIII] Maharashtra State Board of Technical

1

Education Act, 1997.

MAHARASHTRA ACT No. XXXVIII of 19971.

[THE MAHARASHTRA STATE BOARD OF TECHNICAL EDUCATION ACT, 1997]
(This  Act  received  the  assent  of  the  Governor  on  the  3rd  August,
1997 ; assent was first published in the Maharashtra Government Gazette,
Part IV, Extraordinary, on the 6th August 1997.)

Amended by Mah. 1 of 2003 (27-11-2002) †
Amended by Mah. 30 of 2006 (9-1-2006) †
An Act to provide for establishment of a State Board to regulate matters
pertaining  to  Diploma  Level  Technical  Education  in  the  State  of
Maharashtra.
WHEREAS  it  is  expedient  to  provide  for  establishment  of  a  State
Board  to  regulate  matters  pertaining  to  Diploma  Level  Technical
Education in the State of Maharashtra and for other matters connected
therewith  hereinafter  appearing  ;  It  is  hereby  enacted  in  the  Forty-
eighth Year of the Republic of India as follows :—

CHAPTER I
PRELIMINARY

1.

(1)  This  Act  may  be  called  the  Maharashtra  State  Board  of

Technical Education Act, 1997.

(2) It extends to the whole of the State of Maharashtra.
(3) This  section  shall  come  into  force  at  once;  and  the  remaining
provisions  of  this  Act  shall  come  into  force  on  such  date 2  as  the
Government may, by notification in the Official Gazette, appoint.

Short  title,
extent  and
commence-
ment.

2.

In this Act, unless the context otherwise requires,-

Definitions.

(a) “ appointed  day ”  means  the  date  on  which  the  remaining
provisions  other  than  section  1  of  this  Act  come  into  force  under
sub-section (3) of section 1 ;

(b) “ Board  ” means,  the Maharashtra  State  Board of  Technical

Education established under section 3 ;

(c) “ bye-laws ” means bye-laws made by the Board under section 48 ;
(d) “ Diploma Level Technical Education ” means such Technical
Engineering  education  which  follows  the  Secondary,  Higher
Secondary, Engineering, or Technology Diploma Education, as the
case  may be,  to  attain Diploma  or  Post-Diploma or  Post-Graduate
Diploma or Advanced Diploma Level Engineering or Technology or
Management or any other education specified by the Board ;

3[(d-a) “ Director ” means Director of the Maharashtra State Board

of Technical Education appointed under section 6(1);]

(e) “ Examination” means one or more examinations conducted by

the Board ;

1 For  Statement  of  Objects  and  Reasons, See Maharashtra  Government  Gazette,

Extraordinary, Part V, Page 478.

† This  indicates  the  date  of  commencement  of  Act.
2 1 st day of April 1999, vide G. N., H. and T. E. D., No. EXM. 2596/2148/(3-96)/TE-

2, dated the 30th March 1999.

3 This clause was inserted by Mah. 1 of 2003, s. 2 (a).

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Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

(f) “ Government ” means the Government of Maharashtra ;

1[(f-a) “ Governing  Council ”  means  the  Governing  Council  of
the Maharashtra State Board of Technical Education established
under section 7A;]
(g)“ Head of Institute ” or “ Principal ” means the Head of the teaching
staff of a Polytechnic or Diploma Level Institution recongnised by the
Board, by whatever name designated ;

(h) “ Polytechnic or Institution ” means an institution imparting
Diploma  or  Post-Diploma  or  Post-Graduate  Diploma  or  Advanced
Diploma  in  Engineering  or  Technology  or  Management  Education
recognized by the Board under this Act ;

(i) “  prescribed  ”  means  prescribed  by  regulations  made  under

this Act ;

(j) “ region ” means the area comprised in each of the three regions

as specified in the Scheduled to this Act;

(k) “ regulations ” means the regulations made by the Government

under section 47 and by the Board under section 46 ;

(l) “ teacher ” means a member of the teaching staff (other than
Principal  or  the  Head  of  Institute  of  a  Diploma  Level  Institution)
recognised by the Board.

CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE 2[GOVERNING COUNCIL AND BOARD]

3. The  Government  shall,  by  notification  in  the Official  Gazette,
establish for the purposes of this Act a Board to be called the Maharashtra
State Board of Technical Education.

4. The Board established under section 3 shall be a body corporate
having perpetual succession and a common seal,and shall have power to
contract,  to  acquire,  hold  and  dispose  of  property,  both  movable  and
immovable, and to do all things necessary for the purpose of this Act and
may sue and be sued by its corporate name.

3[5.

(1) The Board shall consist of,—

(a) the Director, Technical Education, Maharashtra State as the

Establish-
ment of
Board.

Incorpora-
tion of
Board.

Constitution
of Board.

Chairman ;

(b) the Director, Maharashtra State Board of Technical Education

as the Member-Secretary; and

(c) the following members, namely :—

Class A - Ex-officio Members

(i) The Chairman of the Maharashtra State Board of Secondary
and  Higher  Secondary  Education  or  his  nominee  not  below  the
rank of the Chairman of the Divisional Board ;

(ii) The Director of lndustries, Maharashtra State or his nominee

not below the rank of Joint Director ;

1 This  clause  was  inserted  by  Mah.  1  of  2003,  s..2  (b).
2 These  words  were  substituted  for  the  word  “ Board ”, ibid ; s.  3.
3 This  section  was  substituted ibid ;  s.  4.

1997 : Mah. XXXVIII] Maharashtra State Board of Technical

3

Education Act, 1997.

(iii) One representative of the State Nodal Centre for National

Technical Manpower Information System ;

(iv) The Regional Officer (Western Region) of All India Council

of Technical Education, New Delhi ;

(v) The  Director,  Board  of  Apprenticeship  Training  (Western
Region),  Government  of  India,  Ministry  of  Human  Resources
Development ;

(vi) The Joint Secretary to Government, Higher and Technical
Education Department or his nominee not below the rank of Deputy
Secretary.

Class B - Nominated Members

(i)  One  senior  most  Principal  from  Government  Engineering

Colleges in the State, to be nominated by the Goverment.

(ii)  Two  members  to  be  nominated  by  the  Govemment  from
amongst  the  Principals  and  Heads  of  Institutes,  one  each  from
Government or aided and un­aided Polytechnics, of whom at least
one shall be a woman.

(iii)  Two  members  to  be  nominated  by  the  Government  from
amongst  the  teachers,  one  each  from  Government  or  aided  and
un-aided Polytechnics, of whom at least one shall be from Backward
Class Community.

(iv) Three members to be nominated by the Government from
the professional bodies, one from each revenue region by rotation.
(v)  Six  members  to  be  nominated  by  the  Government  from
amongst the associations of Industries, who are enterpreneurs of
Small  Scale  Industries,  Information  Technology,  Biotechnology,
Gems and Jewellery, Pharmacy and Hotel Management, at least
two of whom shall be from out of the Mumbai and Pune regions :
Provided that, a person shall cease to hold office as a member of
the Board, as soon as he ceases to hold the post, designation or
office, as the case may be, by virtue of which he is so appointed and
such person shall inform the Chairman in writing of his having so
ceased to be the member of the Board, within a week therefrom.
(2) The names of the person other than the ex-officio members,
who  have  been  nominated,  from  time  to  time,  as  members  of  the
Board, shall be published by the Government in the Official Gazette.
(3) On the publication of the Maharashtra State Board of Technical
Education (Amendment) Act, 2002, the existing members of the Board
shall be deemed to have vacated their offices on the said date.]

Mah.
1  of
2003.

1[6.

(1) The Board shall have a Director who shall be appointed by
the Government from amongst the Joint Directors of Technical Education
of the  Government having  minimum experience of  not less  than two
years in the post of Joint Director or the post equivalent thereto.

(2) The Director shall hold office for a term of five years from the

date of the publication of his name in the Official Gazette.

Appointment
and  term  of
office  and
conditions
of  service  of
Director.

1 This  section  was  substituted  by  Mah.  1  of  2003,  s.  5.

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Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

(3) Nothing in sub-section (2) shall affect the power of Government
to transfer, in  the exigencies of public service, the  Director to any
other post under Government during such term ; and if the Director,
is superannuated in the service of the Government he shall cease to
be the Director, unless his services are extended or he is re-employed
in the service of the Government and he is not transferred to some
other post.

(4) The Government may, from time to time, extend the term of
office of the Director of the Board, so, however, that the aggregate
period of the term shall not exceed ten years.

(5) The  Director  shall  be  an  employee  of  the  Government,
equivalent to the status of the Joint Director of Technical Education
of  the  Government  and  other  conditions  of  service  of  the  Director
shall be such as may be determined by the Government.

(6) Where a temporary vacancy of the Director occurs by reason of
leave, illness or other cause, the Government may appoint another
person to be the Director].

Term  of
office  of  and
allowances
to  members
of  Board.

7.

(1) The member of the Board, other than the ex-officio member,
shall hold office for a term of 1[ five years ] from the date on which their
names are published in the Official Gazette.

(2) The term of office of outgoing member shall extend to, and expire
with, the day immediately preceding the date on which the names of
their successors are published in the Official Gazette.

(3)     The members shall be entitled to such compensatory allowances

as may be determined by regulations.

Establish-
ment  of
Governing
Council.

2[7A.

(1) The Government shall, by notification in the Official Gazette,
establish the Governing Council which shall be an apex body to control
and monitor the matters pertaining to Diploma level technical education
and examination at State level.

(2) The Governing Council shall consist of the following, namely :—
(i) The Minister of Higher and Technical . . President ;

Education, Maharashtra;State.

(ii) The Minister of State for Higher and . . Vice-President ;

Technical Education.

(iii) The Secretary, Higher and Technical

. . Member ;

Education Department or his nominee,
not below the rank of Deputy Secretary.

(iv) Three Industrialists nominated by the . . Members ;

Government.

(v) The Director of Technical Education,

. . Member ;

Maharashtra State.

1 These  words  were  substituted  for  the  words  “ four  years ”,  by  Mah.  1  of  2003.  s. 6.
2 Section  7A  was  inserted, ibid, s.  7.

1997 : Mah. XXXVIII] Maharashtra State Board of Technical

5

Education Act, 1997.

(vi) The Secretary, Maharashtra State
Board of Technical Education.
(vii) The Director, Maharashtra State
Board of Technical Education.

. . Member;

. . Ex-officio Member
Secretary.

(3) The names of the persons other than the ex-officio members, who
have been nominated, from time to time, as members of the Governing
Council, shall be published by the Government in the Official Gazette.

(4) The term of the nominated members of the Governing Council
shall be for a period of five years unless terminated earlier by the State
Government.

(5) The Governing Council shall meet not less than twice in every
year, and a period of not more than six months shall intervene between
two successive meetings.

(6) The nominated members shall receive such allowances, as may
be determined by the Government, for meeting the personal expenditure
in  attending  the  meetings  or  in  performing  any  other  functions  as
members.]

8. A person shall be disqualified for being appointed or nominated
as, or for continuing as, the Chairman or a member of the Board or any
Committee appointed under this Act,—

(a) if he directly or indirectly, by himself or his partner has any share
or interest in any work done by order of, or in any contract entered into
on behalf of the Board ;

Disqualifi-
cation  of
Chairman
and
members
of  Board.

(b) if he is a person against whom an order of removal from office has

been made under section 11:

Provided that, a person against whom such order is made, shall not
be deemed to have been disqualified under this clause, if five years, or
such lesser period as the Government may specify, has elapsed from the
date of his removal from office.

9. All  casual  vacancies  in  office  of  the  members  of  the  Board,
1[,Governing Council] or any Committee constituted by the Board shall
be filled as soon as may be, by nomination or appointment, as the case
may be; and the person nominated or appointed in a vacancy shall hold
office so long only as the member in whose place he is nominated or
appointed would have held it, if the vacancy had not occurred.

Casual
vacncies.

10. A member of the Board, 2[ the Governing Council, ] except the
ex-officio member, may resign his office at any time by tendering his
resignation in writing to the Chairman of the Board 3[ or the President
of the Governing Council, as the case may be, ] and such member shall
be deemed to have vacated his office as soon as the 4[Chairman or the
President, as the case may be, has ] received his resignation.

Resignation
of  member.

1 These  words  were  inserted,  by  Mah.  1  of  2003,  s.  8.
2 These  words  were  inserted, ibid s.  9  (a).
3 These  words  were  inserted ibid s.  9  (b).
4 These  words  were  substituted  for  the  words  “Chairman  has” ibid s.  9  (c).

6

Removal  of
member.

Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

11.

(1) The Government may, on the recommendation of the Board,
and after making such further inquiry, as it may think fit to make, by
order, remove any member of the Board or any Committee thereof, if
such member,-

(a) has been convicted by a Court in India for any offence involving

moral turpitude ; or

(b) is an undischarged insolvent ; or

(c) has been declared physically disabled by such medical authority

as the Government may specify ; or

(d) is of unsound mind and stands so declared by a competent Court ;

or

(e) is acting in a way detrimental to the aims and objects of the

Board :

Provided that, no such recommendation shall be made by the Board
or no order shall be made under clause (e) unless he has been given
a reasonable opportunity of showing cause why such recommendation
or order should not be made.

(2) The Government may suo motu by order remove any member of
the Board or any Committee, nominated or appointed, whose activities
are, in the opinion of the Government detrimental to, or obstruct, the
proper functioning of the Board or of any Committee thereof :

Provided  that,  no  member  shall  be  removed  from  office  unless  he
has  been  given  a  reasonable opportunity  of  showing  cause  why  such
order should not be made against him.

(3) Notwithstanding anything contained in sub-sections (1) and (2),
the nominated member of the Board shall hold office during the pleasure
of the Government and shall be removed at any time by the Government,
if it deems fit.

Meetings  of
Board.

12.

(1) The Board shall meet not less than twice in every year, and

six months shall not intervene between two successive meetings.

(2) The Chairman of the Board may at any time in the exigencies so
demand, and upon a written request made by not less than one-third of
the total number of members of the Board shall call a special meeting of
the Board, on a date not later than twenty-one days after the receipt of
such request by the Chairman.

13.

If the Chairman or a member of the Board or any Committee
becomes subject to any of the disqualifications mentioned in section 8,
his office shall thereupon be declared vacant by the Government.

14.

If a member nominated or appointed to the Board remains absent
without permission of the Board from three consecutive meetings thereof,
his office shall thereupon become vacant and shall be so declared by the
Chairman.

Vacancy  of
Chairman  or
member
owing  to
disqualification.

Vacancy  of
member
owing  to
absence
without
permission.

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7

Education Act, 1997.

15.

In case of any dispute as to whether the office of the Chairman
or a member has become vacant under section 13 or 14, the decision of
the Government in the matter shall be final.

Decision  on
question  as
to  vacancy.

16. No act or proceedings of the Board or any Committee shall be
invalid  merely  by  reason  of  any  vacancy  in  or  any  defect  in  the
constitution of such Board or Committee.

17. The Board may invite any person who in its opinion is an expert
in the field of education or any officer of the Government, to attend its
meeting  or  of  its  Committee,  if  the  subject  with  which  the  expert  or
officer is concerned is likely to come up for discussion or consideration
at such meeting.

18.
namely :—

(1) The  Board  shall  consist  of  the  following  Committees,

(a) Academic Committee ;
(b)  Finance Committee ;
(c) Course Committees ; not exceeding 20 ;
(d) Equivalence Committee;
(e) Special Committee.

Acts  and
proceedings
not
invalidated
by
vancancies
of  defects  in
contitution.

Power  to
invite
experts  and
officers  at
meeting.

Constitu-
tion  of
Committees.

(2) The  Board  may  constitute  such  other  Committees  as  it  thinks

necessary for efficient performance of its functions.

(3) The number of members of every Committee constituted by the
Board, the term of office of its members and the duties and functions to
be discharged by such Committee shall be such as may be prescribed.

19. (1) The Board shall take over and employ such of the existing
staff on the date of the establishment of the Board, except the Secretary,
Joint  Secretary  (Technical),  Deputy  Secretary  (Technical),  Assistant
Secretary (Technical) and Finance Officer, Controller of Examinations,
Accounts Officers and Systems Analysts, serving for the purposes of the
Board of the Technical Examination, Maharashtra State (hereinafter
referred to as “ the Existing Board ”), constituted by the Government
Resolution, Education and Social Welfare Department, No. EXM-7260-
K; dated the 7th January 1963, as the State Government may direct,
and every person so taken over and employed shall be subject to the
provisions of this Act and the regulations made thereunder :

Board  to
absorb
certain  staff
and  to
assume
obligations
o f
Government
in  respect  of
matters  to
which  this
Act  applies.

Provided that,—(a) such staff gives option, within the prescribed

time limit to continue in the services of the Board ;

(b) during the period of such employment all matters relating to
the pay, leave, retirement, allowances, pension, provident fund and
other conditions of service of the members of the said staff shall be
regulated by the Maharashtra Civil Services Rules or such other rules
as may, from time to time, be made by the Government ;

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Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

(c) any such member shall have right of appeal to the Government
against the order of rejection, dismissal or removal from service, fine
or any other punishment.

(2) Permanent employees of the existing Board if exercise option in
favour of the Government service, they shall be absorbed within a period
of two years under the Directorate of Technical Education in any of its
offices or institution where the vacancy exists.

(3) All expenditure which the existing Board may have incurred before
appointed day in connection with any of the purposes of the existing
Board shall be deemed to be advanced towards capital expenditure by
the  Government  to  the  Board  under  section  37  on  that  date,  and  all
assets acquired by such expenditure shall vest into the Board.

(4) All property, moveable or immovable, and all rights, and interests
of  whatsoever  kind,  and  powers  and  privileges  of  the  existing  Board
shall stand transferred and shall, vest in the Board and be applied for
the objects and purposes for which the Board is constituted.

(5) All obligations incurred, all contracts entered into and all matters
and things engaged to be done, before the first constitution of the Board
by, with or for, the State Government or the existing Board for any of
the purposes of this Act, in respect of any scheme for the promotion of
the technical education in the State of Maharashtra shall be deemed to
have been incurred, entered into, or engaged to be done by, with or for,
the Board and accordingly all claims made, or suits or legal proceedings
instituted or which might have been instituted by or against the State
Government  or the  existing Board,  as the  case may  be, continued  or
instituted by or against the Board.

20.

(1) The Board shall have the Secretary, who shall be appointed

by the Government.

(2) The Secretary shall, subject to the control of the Chairman, be
the Executive Officer of the Board, and all other officers and servants,
for the time being, serving under the Board shall be subordinate to him.

(3) The Secretary shall be entitled to be present at the meetings of

the Board and shall be the Member-Secretary of the Board.

(4) The Secretary shall exercise such other powers and perform such

other duties as may be made by regulation.

(5) The Government shall appoint the required number of technical
staff such as Joint Secretaries, Deputy Secretaries, Assistant Secretaries,
Controller  of  Examinations,  System  Analysts,  Finance  Officers  and
Accounts Officers for the Board on the recommendation of the Board.

(6) A Joint Secretary (Technical), Deputy Secretary (Technical) and
Assistant  Secretary  (Technical),  Controller  of  Examinations,  System
Analysts, Finance Officers shall exercise such powers and perform such
duties  of  the  Secretary  as  are,  respectively  assigned  to  them  by  the
Secretary under the general or special orders.

Appoint-
ment,
powers  and
duties  of
Secretary,
Joint  and
Deputy
Secretaries,
Assistent
Secretaries,
Controller  of
Examination,
System
Analysts,
Finance
Officers  and
Account
Officers.

1997 : Mah. XXXVIII] Maharashtra State Board of Technical

9

Education Act, 1997.

(7) The Secretary, Joint Secretaries (Technical), Deputy Secretaries
(Technical)  and  Assistant  Secretaries  (Technical),  Controller  of
Examinations,  System  Analysts  and  Finance  Officers  and  Accounts
Officers appointed under this Act shall be the servants of the Government,
and the salaries and allowances and other conditions of service of these
officers shall be such as may be determined by the Government.

21.

(1) The Board may, will the approval of the Government, appoint
such other officers and servants as it considers necessary for the efficient
performance of its functions under this Act.
(2) The salaries, allowances and other conditions of service of the officers
and servants appointed under sub-section (1) shall be such as may be
determined by the Board by regulations.

Other
Officers  and
Servants  of
Board.

CHAPTER III
POWERS AND DUTIES OF THE 1[ GOVERNING COUNCIL AND BOARD ]

2[21A. Subject to the provision of this Act, the powers and duties of

the Governing Council shall be as follows, namely :—

(a) to act on the matters referred by the Board and to approve the

recommendations and decisions of the Board for implementation ;

(b) to prepare perspective development plan in consultation with

Powers  and
duties  of
Governing
Council.

industry ;

(c) to approve matters related to staff regulations and approval

thereof ;

(d) to recommend the Government to carry test audit of accounts
of the Boards regularly and at such intervals as the Governing Council
may deem fit;

(e) to decide accreditation policy of the institutes ;
(f) to exercise the powers related to financial matters which are

referred by the Board ;

(g) to approve the budget recommended by the Board ;
(h) to give directions to the Board in respect of the implementation
of various policy decisions taken by the Government, from time to
time ;

(i) to approve the rules and procedures for appointment of officers
and  other  employees  of  the  Board,  their  qualifications,  terms  and
conditions of services including conduct, discipline and duties, mode
of recruitment, pay scales ;

(j) to recommend the Government to conduct an enquiry in respect
of any matter concerning the proper conduct, working and finances of
the institutes under the Board. ]

22. Subject to the provisions of this Act, the powers and duties of

the Board shall be as follows, namely :—

(a) to  advice  the  Government  on  matters  of  policy  relating  to
Diploma Level, Technical Education in general, and on the following
matters, in particular, namely :—

(i) co-ordination between national policies and State policies in

Diploma Level Technical Education;

1 These  words  were  substituted  for  the  word  “  Board ”  by  Mah.  1  of  2003,  s.  10.
2 Section  21A  was  inserted, ibid., s.  11.

  H  1057—2a

Powers  and
duties  of
Board.

10

Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

(ii) co-ordination between Secondary, Higher Secondary, Degree

Education and Diploma Level Education ;

(iii) to  maintain  uniform standard  of Diploma  Level Technical

Education :

(iv) to promote Industry Institute inter-action ;

(b)   to lay down guiding principles for determining curricula and
syllabi  and  also  to  prepare  the  detailed  curricula  and  syllabi  for
Diploma Level Technical Education, for all categories, such as, regular,
sandwitch,  part-time,  correspondence  course,  yearly,  semester
pattern and the like ;

(c) to prescribe and regulate standard requirements in respect of
staff buildings, furnitures, equipment, stationery and other things
required for Diploma Level Institutions ;

(d) to prescribe and develope any book as text book and reference
book or to prepare or cause to be prepared any book and print or non-
print material or to publish directly or in collaboration with any other
agency, any kind of learning material for Diploma level courses ;

(e) to  prescribe  the  general  conditions  governing  admission  of
regular candidates and ex-candidates to the examinations and to specify
the  conditions  relating  to  eligibility,  attendance,  term-work  and
character, on the fulfillment of which a candidate shall have a right to
be admitted to and to appear at any such examination ;

(f) to award certificates to candidates passing the Diploma final

examination ;

(g) to institute and to award scholarships, fellowships, stipends,
medals,  prizes  and  other  rewards  as  also  to  prescribe  conditions
therefor;

(h) to receive bequests, donations, endowments, trusts and other

transfers of any property, or interest therein, or right thereto ;

(i) to hold any property, interest or right referred to in clause (h)

above, and to manage and deal with the same ;

(j) to fix demand and receive such fees and penalties as may be

prescribed ;

(k) to call for special reports and information from the Director of
Technical  Education  or  from  officers  of  the  Technical  Education
Department of the Government, and to call for any information from
any  Diploma  Level  Institution,  recognised  by  the  Board  to  ensure
maintenance and improvement in academic standard in Diploma Level
Technical Education ;

(l) to recommend measures to promote physical, moral and social
welfare of students in institutions recognized by the Board, and to
prescribe conditions of their residence and discipline ;

1[ (m) to appoint the staff except the posts mentioned in sub-section

(7) of section 20 as per the regulations ; ]

1 Clause  (m)  was  substituted  by  Mah.  1  of  2003,  s.  12  (a).

1997 : Mah. XXXVIII] Maharashtra State Board of Technical

11

Education Act, 1997.
(n) to constitute provident fund for the benefit of the officers and

employees of the Board ;

(o) to  approve the  annual financial  statement  pertaining to  the
Board and to recommend to the 1[ Governing Council ] for sanction,
the annual budget ;

(p) to inspect and supervise generally the working of the Regional

Officer and to inspect periodically the accounts thereof ;

(q) to conduct statistical and other research or training programmes
for  the  purposes  of  design,  development,  implementation  and
evaluation  of  the  curriculum,  teaching  learning  process  and
examination in colloboration with any agency, within or outside India ;
(r) to appoint such Committees as it may think necessary for the

efficient discharge of its functions under this Act ;

(s) to make regulations for the purpose of carrying out effectively

the provisions of this Act ;

(t) to make bye-laws relating to matters such as procedure to be
followed by the Board, their committees and any other matter solely
concerning the Board and their Committees that are not provided for
by or under this Act and the regulations made thereunder;

(u) to exercise such other powers and perform such other duties as

may be conferred or imposed on it by or under this Act ;

(v) to make regulation 2[ with the approval of the Governing Council ]
for granting of academic autonomy to institute, reviewing or revoking
of autonomy granted ;

(w) to carry out all such acts as may be necessary to achieve the
objective of this Act so as to improve, extend, expand the Diploma
Level Technical Education in the State and to maintain and improve
standard of Diploma Level Technical Education ;

(x) to  make  regulation  for  granting  affiliation,  accredition,
autonomous status, equivalence, eligibility to institutes and reviewing
or revoking affiliation or accredition or equivalence, or autonomous
status or eligibility ;

(y) to  demand  and  receive  such  fees  as  may  be  prescribed  for
candidates  admitted  to  the  examination,  affiliation,  to  accredit,
conferring autonomy, equivalence ;

(z) to conduct the examinations of the Board ;
(za) to appoint paper-setters, examiners, moderators, supervisors
and other necessary personnel for conducting examination, assessment
of candidates, performance and for compiling and release of results ;
(zb) to  admit  candidates  for  the  examination  according  to  the

regulations ;

(zc) to open centres within its jurisdiction for examination conducted

by it ;

1 These  words  were  substituted  for  the  word  “Government”  by  Man.  1  of  2003.

s.  12  (b).

2 These  words  were  inserted, ibid., s.  12  (c).

12

Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

(zd) to  declare  the  result  of  the  candidates  appearing  at  the

examinations conducted on such date or dates as may be fixed ;

(ze) to prepare a list of candidates according to merit;
(zf) to  deal  with  cases  of  use  of  unfair  means  according  to  the

procedure laid down;

(zg) to evaluate generally the performance of students and Institutes
in all examinations including the final examination in Diploma Level
Technical Institute ;

(zh) to call for any information from any Diploma Level Institutions
recognised by it to ensure maintenance of academic standard, to call
for special reports, and information from the Regional Joint Director
of  Technical  Education  concerned  on  Diploma  Level  Institutions
recognized by it but not maintaining the required academic standard
and  to  recommend  to  the  Directorate  of  Technical  Education,
withdrawal of recognition granted under the administrative order of
the Technical Education Department of the Government, in cases of
poor academic results and grave academic irregularities;

(zi) to require institutions recognized by the Technical Education
Department of the Government to extend their co-operation in the
conduct of  the examination and  to withdraw the privileges of the
Board from any institution, which fails to place at its disposal the
facilities required to conduct examination after giving it a reasonable
opportunity of showing cause why such orders should not be made ;
and

(zj) to  create,  own,  hold  or  hire  any  property  or  infrastructure

required for—

(i) functioning of Board office,
(ii) functioning of regional offices,
(iii) providing residential accommodation to officers and staff of

the Board;
1[(zk) to plan and monitor academic performance ;
(zl) to  propose  the  need-based  courses,  special  courses  for  self-

employment, courses for rural, deprived persons and women ;

(zm) to propose to confer autonomy to deserving institutions.]

23.

(1) It shall be the duty of the 2[Director] of the Board to ensure
that the provisions of the Act and the regulations and bye-laws made
thereunder, are faithfully observed, and he shall have all powers necessary
for this purpose.

(2) In an emergency which, in the opinion of the 2[Director] of the
Board, require that immediate action should be taken, the 2[Director]
shall take such action as he deems necessary and shall thereafter report
his action to the Board at its next meeting.

(3) The 2[Director] shall exercise such other powers and perform such

other duties as may be prescribed.

1 Clauses  (zk),  (zl)  and  (zm)  were  added  by  Mah.  1  of  2003  s  12 (d).
2 This  word  was  substituted  for  the  word  “Chairman” ibid., s.  13  (a).
3 This  word  was  substituted  for  the  word  “Chairman” ibid., s.  13  (b).

Powers  and
duties  of
3[Director]
of  Board.

1997 : Mah. XXXVIII] Maharashtra State Board of Technical

13

Education Act, 1997.

24.

(1) The Government shall have the power, after considering the
advice (if any) tendered by the Board, to issue such directions as it may
consider necessary in regard to all or any of the matters specified in
clause (a) of section 22. The Board concerned shall comply with such
directions.

Powers  of
Government
to  issue
directions.

(2) The Government shall have also the right to address the Board
with reference to anything it has conducted or done, or is conducting or
doing or intends to conduct or do, and to communicate to the Board its
views in the matter.

(3) The Board shall report to the Government such action, if any, as
it  proposes  to  take  or  has  taken  upon  the  communication,  and  shall
furnish an explanation if it fails to take action.

(4) If the Board does not take action within a reasonable time, to the
satisfaction of the Government, the Government may after considering
any explanation furnished or representation made by the Board, issue
such  directions  consistent  with  this  Act  as  it  may  think  fit,  and  the
Board shall comply with such directions.

(5) In an emergency which, in the opinion of the Government, requires
that immediate action should be taken, the Government may take such
action consistent with this Act as it deems necessary without previous
consultation with the Board and shall forthwith inform it of the action
taken.

(6) The Government may, by order in writing, specifying the reasons
thereof, suspend the execution of any resolution or order of the Board
and prohibit the doing of the action ordered to be or purporting to be
ordered to be done by the Board if the Government is of the opinion that
such resolution, order or act, is in excess of the powers conferred by or
under this Act upon the Board.

CHAPTER IV

PERMISSION, AFFILIATION, CONFERRING AUTONOMOUS STATUS AND EQUIVALENCE

25.

(1) The management applying for affiliation and management
whose institution has been granted affiliation for a period specified, shall
give and comply with the following undertaking,—

Conditions
of  affiliation.

(a) that the provisions of the Act and regulations thereunder and

the standing orders and directions of the Board shall be observed ;

(b) that  there  shall  be  a  separate  local  managing  committee

provided for an affiliated polytechnic or institution ;

(c) that the number of students admitted for courses of study shall
not exceed the limits prescribed by the Board and the Government,
from time to time ;

(d) that  there  shall  be  suitable  and  adequate  physical  facilities
such as buildings, laboratories, libraries, books, equipment required
for teaching and research, hostels, gymnasium, as may be prescribed ;
(e) that the financial resources of the institution shall be such as
to make due provision for its continued maintenance and working ;

14

Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

(f) that the strength and qualifications of teaching and non-teaching
staff of the affiliated recognised institutions and the emoluments and
the terms and conditions of service of the staff of affiliated institutions
shall be such as prescribed by the Board and which shall be sufficient
to make due provision for courses of study, teaching or training or
research efficiently ;

(g) that the services of all teaching and non-teaching employees
and  the  facilities  of  the  institution  to  be  affiliated  shall  be  made
available  for  conducting  examinations  and  for  promoting  other
activities of the Board ;

(h) that the directions, and orders issued by the Chairman and other
officers  of  the  Board  in  exercise  of  the  powers  conferred  on  them
under the provisions of the Act, and regulations shall be complied
with ;

(i) that there shall be no change or transfer of the management

without previous permission of the Board ;

(j) that institution shall not be closed without previous premission

of the Board ;

(k) that in the event of disaffiliation or derecognition or closure of
the polytechnic or institution under section 32 or 35, as the case may
be, all the assets of the institution including buildings and equipments
which have been constructed or created out of the amount paid as a
grant-in-aid by the Government shall vest in the Government.
(2) No institution which is part of another Board shall be considered
for affiliation unless a “no objection certificate” is given by the parent
Board.
26.

1 *   *   *

(3) The management seeking permission to open a new institution
shall  apply  in the  prescribed  form  to the  Member-Secretary 2[  of  the
Board ] before the last day of October of the year preceding the year
from which the permission is sought.

(4) All such application received within the aforesaid prescribed time-
limit,  shall  be  scrutinised  by  the  Board  and  be  forwarded  to  the
Government on or before the last day of December of the year.

(5) Out  of  the  applications  recommended  by  the  Board,  the
Government may grant permission to such institutions as it may consider
right  and  proper  in  its  absolute  discretion,  taking  into  account  the
Government’s budgetary resources, the suitability of the managements
seeking permission to open new institutions and the State level priorities
with regard to location of institutions of Technical Education :

Provided, however, that in exceptional cases and for the reasons to
be recorded in writing, any application not recommended by the Board
may be approved by the Government for starting a new Institution of
Technical Education.

(6) No application shall be entertained directly by the Government
for  the  grant  of  permission  for  opening  new  Institution  of  Technical
Education.

1 Sub-sections (1) and (2) were  deleted  by  Mah.  1  of  2003,  s.  14  (a).
2 These  words  were  inserted, ibid ;  s.  14(b).

Procedure
for
permission.

1997 : Mah. XXXVIII] Maharashtra State Board of Technical

15

Procedure
for
affiliation.

Education Act, 1997.

27.

(1) On receipt of the permission from the Government under
section 26 the Board shall consider, grant of first time affiliation to the
new institution by following the prescribed procedure given in sub-section
(2) and after taking into account whether and the extent to which the
stipulated conditions have been fulfiled by the institution.   The decisions
of the Board in this regard shall be final.

(2) For the purpose  of considering the application for  the grant of
affiliation, the Board shall cause an inquiry by a committee constituted
for the purpose by it.

(3) The Board shall decide,—

(a) whether affiliation should be granted or rejected ;
(b) whether affiliation should be granted in whole or part;
(c) subjects,  courses  of  study  and  the  number  of  students  to  be

admitted ;

(d) conditions, if any, which may be stipulated while granting the

affiliation.

(4) The Member-Secretary shall communicate the decision of the
Board with a copy to the Director of Technical Education, and if the
application  for  affiliation  is  granted,  along  with  an  intimation
regarding—

(a) the subjects and the courses of study approved for affiliation ;
(b) the number of students to be admitted ;
(c) the  conditions,  if  any,  subject  to  the  fulfilment  of  which  the

approval is granted.
(5) The  procedure  referred  to  in  section  26  shall  apply, mutatis-
mutandis, for the permission to open new courses, additional faculties,
new subjects and additional divisions.

(6) No student shall be admitted by the institution unless the first

time affiliation has been granted by the Board.

(7) The procedure referred to in sub-sections (1) to (4) shall apply,
mutatis mutandis, for the consideration of continuation of affiliation,
from time to time.

28. The affiliated institution may apply for continuation of affiliation
for the courses of study for which affiliation was granted ordinarily six
months prior to the date of expiry of such affiliation. The Board shall
follow the procedure specified in sections 25, 26 and 27 so far as applicable
for grant of affiliation.

Continua-
tion  of
affiliation.

29. The affiliated institution may apply for affiliation for additional
courses of study. The Board shall follow the procedure as specified in
sections 25, 26 and 27 so far as may be applicable for grant of affiliation.

Extension  of
affiliation.

30. The affiliated institution with at least six years standing as an
affiliated Institution may apply for permanent affiliation. The Board shall
consider and scrutinise the application and if satisfied that the affiliated
institution has fulfilled all the conditions of affiliation satisfactorily, and
has attained high academic and administrative standards as prescribed
by  the  Board,  from  time  to  time,  the  Board  shall  grant  permanent
affiliation to the institution.
  H  1057—3

Permanent
affiliation
and
recognition.

16

Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

Inspection  of
institutions
and  report.

31.

(1) Every  affiliated  institution  shall  furnish  such  reports,
returns and other particulars, as the Board may require for enabling it
to judge the academic standard and standards of academic administration
of the institution.

Withdrawal
of  affiliation
or
recognition.

Conferment
o f
Autonomous
Status.

(2) The 1[ Director ]  shall  cause  every  affiliated  institution  to  be
inspected, at least once in every three years, by one or more committees
appointed by him in that behalf.

32.

(1) If an affiliated institution fails to comply with the conditions
of affiliation as provided in section 25, the Board may issue a notice to
the management to show cause as to why the privileges conferred on
the institution by affiliation should not be withdrawn in part or in whole
or modified.

(2) The Board shall mention the grounds on which it proposes to take
the above mentioned action and shall send a copy of the notice to the
Principal or the head of institution. It shall also specify in the notice, the
period being a period which shall not be less than thirty days within
which the management should file its written statement in reply to the
notice.

(3) On receipt of such written statement or on expiry of the period
specified in the notice issued under sub-section (1), the Board shall take
action, if any, for withdrawal or modification of such privileges.

(4) The Board shall, having regard to the interest of students studying
in the institutions, recommend to the Government the action to be taken
in this behalf and the Government shall, thereafter, proceed to implement
the recommendations.

33.

(1) The recognised Polytechnic or Institution considering itself
eligible for autonomous status shall apply to the Secretary of Board on
or before 31st August, of the year preceding the year from which the
autonomous status is applied for in the form prescribed by the Board.

(2)   The Secretary shall place the applications before the Academic
Committee and the Committee shall scrutinise an application form and
decide, having referred to the criteria mentioned above, whether there
is prima facie case for consideration of the application. If the Academic
Committee decides that there is a prima facie case, it shall conduct a
local enquiry also by way of discussion with Principal, staff and students
of Polytechnic or Institute.

(3)   The local enquiry shall be on the points under criteria and to
assess whether facilities exist as per norms etc. wherever specified and
additional information that the Committee may find necessary.

(4) The Secretary of the Board shall place the application and the
report of Academic Committee on scrutiny of application and local enquiry
before the Board in its meeting which shall pass a resolution recording
whether  the  report  be  accepted  or  rejected.  If  the  Board  rejects  the
application and report by majority or unanimously and decides not to
recommend conferment of autonmous status, it shall record the reason
therefor. If the Board proposes to grant the application and recommend

1 This  word  was  substituted  for  the  word  “Chairman”  by  Mah.  1  of  2003,  s.15.

1997 : Mah. XXXVIII] Maharashtra State Board of Technical

17

Education Act, 1997.

conferment of autonomous status, it shall pass a resolution to that effect
and also specify the conditions subject to which autonomous status shall
be conferred.

(5) The Secretary of the Board shall submit within a period of one
month to the Secretary, Higher and Technical Education of Government
such recommendations of the Board alongwith a copy of the resolution
and such other records to be decided by the Board, for approval.

(6) On receiving  approval from the  Government for  conferment of
autonomy on the applicant Polytechnic or Institute, the Secretary of the
Board shall inform the Polytechnic or Institute concerned, the matter
in writing with conditions, if any.

(7) Rejection of conferment of autonomy is also to be intimated to the

concerned Polytechnic or Institute.

The activities in sub-sections (1) to (7) are to be completed within ten
months from the last date of receipt of the applications for conferment
of an autonomy.

(8) Any guidelines, rules, regulations, etc., on autonomy provided by
All India Council of Technical Education, New Delhi, from time to time,
shall become applicable to the Polytechnic or Institute seeking autonomy
and to the Polytechnic or Institute on which the status of autonomy is
already conferred.

34.

(1) The institutions granted autonomy shall be required to obtain

equivalence for their courses and programmes from the Board.

(2) The Autonomous Institutions shall get their curriculum, teaching

and examination scheme approved by the Board, from time to time.

Equivalence
and
Eligibility.

(3) The  Board  shall  carry  out  inspection  of  such  Autonomous

Institutions at least once in three years.

(4) The Board shall monitor all academic and examination related
activities of the Autonomous Institutions such as curriculum, teaching
examination scheme, teaching hours, academic schedule, eligibility of
candidate to appear for the examination, etc.

(5) The  Governing  Body  and  other  committees  of  Autonomous
Polytechnic or Institution shall have representative from the Board on
such committees.

(6)  The Board shall grant equivalence for the purpose of employment
education  to  any  Diploma,  Post  Diploma,  Post  Graduate  Diploma,
Advance Diploma or any such programme conducted by any Government
recognised  institute  under  any  similar  Board  or  University  or  any
examination authority located in Maharashtra, outside Maharashtra or
outside India on the basis of scrutiny of curriculum.

(7) The Board shall, wherever necessary obtain equivalence for any
Dilpoma, Post Diploma, Post Graduate Diploma, Advance Diploma or any
such programme conducted by the Board from any similar Board, College,
University or any other Examination Authority within or outside India.
(8) The  Board  shall  issue  eligibility  certificate  on  the  basis  of

equivalance granted to any course or programme.
(G.C.P.)  H  1057—4(4,742–10-12)

18

Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

Closure  of
institution.

35.

(1) No management of an institution shall be allowed to close

down the institution without prior permission of the Government.

(2) The management desires of closing down the institution shall apply
to the Board on or before the 1[last day of April of the preceding year],
stating fully the grounds for closure, and pointing out the assets in the
form  of  building  and  equipments,  their  original  costs,  the  prevailing
market value and the grants so for received by it from the Government
or from public funding agencies.

(3) On receipt of such an application, the Board shall cause to make
enquiries  as  it  may  deem  fit,  to  assess  and  determine  whether  the
institution be permitted to effect the closure. The Board may, examine
whether the closure should be avoided by providing necessary assistance
or taking over of the Institute by the Government or transferring it to
another management.

(4) If the Board decides to recommend the closure, it shall prepare
and submit to the Government, a report on the extent of damages or
compensation to be recovered from the management and whether the
assets created utilising the funds provided by the Government or other
public  funding  agencies,  be  transferred  to  the  Government  or  other
management, and the payment of compensation to the teachers and the
staff retrenched.

2[ (5) If  the  Board  has  recommended  the  closure  of  the  affiliated

Institution the Government may issue the order for closure.]

(6) If the Government decides to take over the institution or transfer
the same to another management the procedure to be followed shall be
such as may be prescribed by the Government.

(7) The procedure to effect the closure shall be in phases, so as to
ensure  that  the  students  already  admitted  to  the  institution  are  not
affected, and that the first year shall be closed first and no new admissions
shall be effected. The procedure to phase out the closure shall be such
as may be prescribed by the Government.

CHAPTER V
FUND, FINANCE, ACCOUNTS AND AUDIT

Application
of  Board
assets.

Boards
Fund,  its
custody  and
investment.

36. All property, fund and other assets vesting in the Board shall be
held and applied by it, subject to the provisions and for the purposes of
this Act.
37.

(1) The Board shall have its own Fund, and the following moneys

shall be credited thereto :—

(a) fees,  royalties  and  charges,  including  penalties,  levied  and

collected by the Board ;

(b) grants, assignments, contributions and loans, if any, made to it

by the Government ;

(c) bequests, donations and endowments or other contributions,

if any ;

(d) interest on, and sale proceeds of, any securities vested in it ;
(e) all rents and profits from the property vested in it ;
(f) other moneys received by, or on behalf of, the Board.

1 These  words  and  brackets  were  substituted  for  the  words  “ first  day  of  August

of  the  preceding  year ”  by  Mah.  3  of  2006,  s.  2  (a).

2 This  sub-section  was  substituted  for  the  orginal  sub-section ibid,  s.  2(b).

1997 : Mah. XXXVIII] Maharashtra State Board of Technical

19

II  of
1934.
X  of
1949.

Education Act, 1997.

(2) The Board may keep in current or deposit account with the State
Bank of India or with any Schedule Bank as defined in the Reserve Bank
of India Act, 1934 which holds a licence issued by the Reserve Bank of
India under section 22 of the Banking Regulation Act, 1949, or with any
other bank approved by the Government, in this behalf, such sum of
money out of its Fund as may be prescribed and any money in excess of
the said sum shall be invested in such manner as may be approved by
the Government.

(3) Such accounts shall be operated upon by such officers of the Board

as may be authorised by it by regulation made in this behalf.

38. Subject to the provisions of this Act, the Fund of the Board shall
be applied only to the payment of charges and expenses incidental to the
matters specified in this Act; and for any other purpose for which by or
under  this  Act  powers  are  conferred  or  duties  are  imposed  upon  the
Board.

39. No payment shall be made by a Bank out of the Board’s Fund
except upon a cheque or letter of credit signed by an officer authorised
by the Board in this behalf.

40. The Board shall pay, from time to time, to each regional office
such sums as the Board may determine, for enabling the regional offices
to discharge the duties and functions imposed on them by the Board for
completion  of  works  or  Development  Scheme  within  its  jurisdiction,
which are not inconsistent with this Act.

General
application
of  Fund.

How  Fund
shall  be
drawn
against.

Allotments
to  Regional
Offices.

41.

(1) The Board shall prepare, before such date and in such manner
as may be prescribed, the budget estimates of the income and expenditure
of the Board for the next financial year.

Preparation
of  annual
budget
estimates.

(2) The Board shall, on or after the date referred to in sub-section (1),
consider the budget estimates prepared by it and submit them as approved
by it to the Government, for its sanction. The Government may pass
such orders with reference to the budget estimates as it thinks fit, and
communicate the same to the Board. The Board shall give effect to such
orders.

42.

(1) The  Board  shall  keep  accounts  in  such  form  and  in  such

manner as prescribed.

(2) The accounts of the Board shall be audited by Auditor appointed

by the Board with the previous approval of 1[the Governing Council.]

(3) The Government may, if it thinks necessary, appoint a Special

Auditor to audit the accounts of the Board.

(4) The  Auditor  or  the  Special  Auditor,  as  the  case  may  be,  shall
submit his report to the Board and shall forward a copy thereof to 2[the
Governing Council.]

(5) The cost of the audit under sub-section (2) or (3), if any, shall be

borne by the Board.

1 These  words  were  substituted  for  the  words  “ the  Government ”  by  Mah.  3  of

2

0

0

6

,  

s

.  

6

( a).

2 These  words  were  substituted  for  the  words  “ the  Government ” ibid,  s.  3(b).

  H  1057—4a

Annual
accounts
and  audit.

 
20

Inspection
and  inquiry.

Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

43.

(1) The Govemment shall have the right to cause an inspection
to be made, by such person or persons as it may direct, of the Board, of
the  buildings,  hostels,  laboratories,  libraries  and  equipments  of  any
Diploma Level Institutions affiliated and accredited to the Board, of the
teaching or other work conducted by any such Polytechnic or Institute
and of the conduct of any examination held on behalf of the Board ; and
to cause an inquiry to be made in like manner in respect of any matter
connected with the Board. The Government shall, in every case, give
due notice to the Board of its intention to cause an inspection or inquiry
to be made and the Board shall be entitled to appoint a representative,
who shall have the right to be present and be heard at such inspection
or inquiry.

(2) The Government shall communicate to the Board its views with
reference  to  the  results  of  the  inspection  or  inquiry  and  may,  after
ascertaining the opinion of the Board thereon, advise it on the action to
be taken, and fix a time limit for taking such action.

(3) The Board shall report to the Government such action, if any, as
it has taken or proposes to take upon the results of the inspection or
inquiry. Such report shall be submitted, with the opinion of the Board
thereon, within such time as the Government may direct.

(4) Where the Board does not within the time fixed, take action to
the  satisfaction  of  the  Government,  the  Government  may,  after
considering any explanation furnished or representation made by the
Board, issue  such directions  as it  may think  fit, and  the Board  shall
comply with such directions.

Information,
returns,  etc.,
to  be
furnished
by  Board.

44.

(1) The Board shall furnish to the Government such reports,
returns  and  statements  as  may  be  required  by  the  Government  and
such further information, relating to any matter connected with its work
as the Government may call for.

(2) The Government may, after considering any such report, returns
or statements or information furnished, give such directions consistent
with this Act as may be necessary, and the Board shall comply with such
directions.

CHAPTER VI
SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS

Manner  of
exercise  of
powers
delegated  to
Committee.

45. All  matters  relating  to  the  exercise  by  the  Board  of  powers
conferred upon it by the Act, which have by regulation been delegated
by the Board to a Committee shall stand referred to that Committee and
the Board before exercising such powers shall receive and consider the
report of that Committee with respect to the matter in question.

Power  of
Board  to
make
regulations.

46.

(1) The Board may make regulations 1[with the approval of the
Governing Council ] for the purpose of carrying into effect the provisions
of this Act.

(2) In particular and without prejudice to the generality of the foregoing
power, such regulations may provide for all or any of following matters,
namely :—

(a) the  constitution,  powers  and  duties  of  the  Committees

appointed under section 18;

1 These  words  were  inserted  by  Mah.  1  of  2003,  s.  16.

1997 : Mah. XXXVIII] Maharashtra State Board of Technical

21

Education Act, 1997.

(b) the subjects and curricula for the examinations ;
(c) the  general  conditions  governing  admission  of  regular  and
external candidates for the examinations and particular conditions
regarding eligibility, attendance, term and character, on the fulfillment
of which a candidate shall have a right to be admitted to and to appear
at any such examination ;

(d) the  marks  required  for  passing  in  any  subject  and  the
examination as a whole and for exemption, credit and distinction in
any subject ;

(e) the fees for admission to the examinations and other fees and
charges  payable  in  respect  of  other  matters  connected  with  these
examinations ;

(f) the  arrangements  for  the  conduct  of  examinations  and

publication of results ;

(g) the  appointment  of  examiners,  their  powers  and  duties  in
relation  to  the  examination  and  their  remuneration  and  mode  of
payment;

(h) the qualifications and disqualifications of examiners ;
(i) the award of certificates ;
(j) the appointment of officers and servants of the Board in its own

office and the conditions of their service ;

(k) the constitution of provident fund for the benefit of the said

officers and servants of the Board ;

(l) the control, administration, safe custody and management in all

respect of the finances of the Board ;

(m) the date before which and the manner in which the Board shall

prepare its budget estimates ;

(n) the compensatory allowance which may be drawn by members

of the Board and the Committee appointed by them ;

(o) appointment of Officers and staff from Government and aided
and  unaided  Institutes  or  Polytechnics  for  smooth  conduct  of
examination ;

(p) any other matter which is to be or may be prescribed under this

Act.

(3) No regulations made under this section shall have effect until the

same has been sanctioned by the Government.

47.

(1) Notwithstanding anything contained in section 46, the first
regulations shall be made by the Government and they shall continue to
be in force until new regulations are duly made by the Board.

First
Regulation.

(2) If it shall at any time appear to the Government that it is expedient
to make any new regulations in respect of any of the matters referred to
in section 46 or that any regulations referred to in sub-section (1) or
made by the Board under section 46 need to be modified or repealed,
either wholly or in part, the Government may, after consultation with

22

Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

Powers  of
Board  to
make  bye-
laws.

Interpreta-
tion  in  case
of  doubt.

Duties  of
and
assistance
from,
Polytechnic
and  Diploma
Level
Institutions.

Protection
of  action
taken  in
good  faith.

Members,
officers  and
employees
of  Board  to
be  public
servants.

Savings.

the  Board  and  by  notification  in  the Official  Gazette, make  such
regulations or modify or repeal any such regulation, either in whole or
in part. The regulations so made, modified or repealed shall take effect
from the date as the Government may in such notification specify or if
no  such  date  is  specified,  from  the  date  of  publication  of  the  said
notification in the Official Gazette, except as respects anything done or
as omitted to be done before such date.

48. The Board may make bye-laws consistent with this Act to provide

for all or any of the following matters, namely :—

(a) the procedure to be followed at the meetings of the Board and
the Committees appointed by it and the number of members required
to form a quorum at such meetings ;

(b) any  other  matter  solely  concerning  the  Board  and  their
Committees not provided for by this Act and the regulations made
thereunder.

49.

If  any  question  arises  regarding  the  interpretation  of  any
provisions of this Act or of any regulations or bye-laws made thereunder,
the matter may be referred for decision to Government and shall be so
referred to the State Government, if not less than three members of a
Board so require. The decision of the Government shall be final.

50. All affiliated and Autonomous Diploma Leval Institutions shall
render  such  help  and  assist  the  Board  as  the  Board  may  require  to
perform and discharge its duties and functions under the Act.

51. No suit, prosecution, or other legal proceedings shall lie against
the Government, 1[ the Governing Council, ] the Board or the members
or  any  officer  or  servant  of  the  Government 2[ or  of  the  Governing
Council ] or of the Board for anything  which is in good faith done or
purported  or  intended  to  be  done  in  pursuance  of  this  Act  or  any
regulations or bye-laws.

52. All members, officers and employees of the Board shall, when
acting or purporting to Act in pursuance of any of the provisions of this
Act, be deemed to be public servants within the meaning of section 21 of
the Indian Penal Code.

45  of
1860.

53.

(a) Every  Committee  of  the  existing  Board  shall,  as  soon  as
practicable,  but  within  a  period  of  six  months  from  the  date  of
commencement  of  this  Act,  be  reconstituted  in  accordance  with  the
provisions of this Act.

(b) Any person holding office immediately before the appointed day
as  Chairman,  Secretary,  Finance  Officer,  Accounts  Officer,  System
Analysts, Controller of Examinations, Joint Secretary (Technical), Deputy

1 These  words  were  inserted  by  Mah.  1  of  2003,  s.  17  (a).
2 These  words  were  inserted, ibid., s.  17  (b).

1997 : Mah. XXXVIII] Maharashtra State Board of Technical

23

Education Act, 1997.

Secretary (Technical) and Assistant Secretary (Technical) to the Board
shall  continue  to  hold  the  said  office  till  the  corresponding  officers
appointed by Government as per the provisions of this Act.

(c) All institutions affiliated to the existing Board immediately before
the appointed day shall be deemed to be affiliated to the Board under
this  Act  till  their  affiliation  is  withdrawn  or  reconsidered  under  the
provisions of this Act.

(d) All  the  educational  institutions  which  were  entitled  to  any
privileges of the existing Board shall be deemed to be entitled to similar
privileges under this Act, of the Board.

(e) All benefactions accepted or received by the existing Board and
held by it immediately before the appointed day shall be deemed to have
been accepted, received or held by the Board under this Act and all the
conditions on which such benefactions were accepted, received or held
shall be deemed to be valid under this Act, notwithstanding that such
conditions may be inconsistent with any of the provisions of this Act.

(f) All debts, liabilities and obligations incurred before the appointed
day and lawfully subsisting against the existing Board shall be discharged
and satisfied by the Board.

(g) Any will, deed or other document made before the appointed day,
which  contains  any  bequest,  gift,  term  or  trust  in  favour  of  existing
Board shall, on and from the commencement of this Act, be construed
as if the Board is named therein instead of the existing Board.

(h) All references to the existing Board in any enactment or other
instruments,  issued  under  any  enactment,  shall  be  construed  as
references to the Board constituted under this Act.

(i) The appointment of examiners validly made under the orders and
subsisting immediately before the appointed day shall be deemed to have
been made under and for the purposes of this Act for the Board, and
such examiners shall continue to hold office and discharge their duties
and functions until fresh appointments are made under this Act.

(j) The service regulations applicable to the officers and employees of
the Board shall be deemed to have been prescribed under this Act and
shall, save as otherwise provided by or under this Act, continue to remain
in force, until they are superseded in accordance with the provisions of
this Act.

(k) All notices and orders made or issued by any authority and orders,
circulars of the existing Board shall, in so far as they are not inconsistent
with the provisions of this Act, continue to be in force and be deemed to
have been made or issued under this Act.

54.

If any difficulty arises in giving effect to the provisions of this
Act, the Government may, as occasion requires but not later then two
years from the appointed day by order, do anything, not inconsistent
with  the  objects  and  purposes  of  this  Act,  which  appears  to  it  to  be
necessary or expedient for removing the difficulty.

Power  to
remove
difficulties.

24

Maharashtra State Board of Technical
Education Act, 1997.

[1997 : Mah. XXXVIII

SCHEDULE

Regions

[ See section 2 (j) ]

Region

Area

1. Aurangabad . . Ahmednagar, Aurangabad, Beed, Dhule, Jalgaon,
Jalna, Latur, Nanded, Nashik, Osmanabad and
Parbhani.

2. Nagpur

3. Pune

. . Akola,  Amravati,  Bhandara,  Buldhana,
Chandrapur, Gadchiroli, Nagpur, Wardha and
Yavatmal.

. . Kolhapur, Mumbai, Navi Mumbai, Pune, Raigadr
Ratnagiri, Sangli, Satara, Sindhudurg, Solapur
and Thane.

MUMBAI :  PRINTED AT THE  GOVERNMENT  CENTRAL  PRESS.

(iv)

Maharashtra  Debt Relief  Act,  1975

[1976  :  Mah.  III

Maharashtra Government Publication
can be obtained from—

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